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BOOTH v. CONCORDIA FIRE INS. CO.

No. 2767.

30 F.2d 20 (1929)

BOOTH v. CONCORDIA FIRE INS. CO. OF MILWAUKEE.

Circuit Court of Appeals, Fourth Circuit.

January 15, 1929.

Attorney(s) appearing for the Case

J. J. McSwain, of Greenville, S. C. (P. N. Becton, of Greenville, S. C., on the brief), for appellant.

Joseph L. Nettles, of Columbia, S. C. (Stephen Nettles, of Greenville, S. C., on the brief), for appellee.

Before WADDILL and PARKER, Circuit Judges, and COLEMAN, District Judge.

PARKER, Circuit Judge.

This was an action at law instituted by the plaintiff, Mrs. Josie Tench Booth, to recover on a policy of fire insurance issued by the defendant, Concordia Fire Insurance Company. Defendant admitted the issuance of the policy and the loss by fire, but pleaded that the policy was rendered void because of violation of the condition against additional insurance; the additional insurance relied upon being a policy alleged to have been issued by the...

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